Legal Opinion

Soden v. City of Emporia

Court of Appeals of Kansas

Decided March 14, 1898No. , 255PublishedCited by 1 opinion

Error from Lvon district court; Charles B. Graves, judge. Petition for injunction to restrain the defendants from constructing and opening a proposed outlet for the' sewerage system of the city of Empória. A demurrer thereto,, on the ground that it failed to state a cause of action, having been sustained, the plaintiff brings proceedings in error.

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Error from Lvon district court; Charles B. Graves, judge. Petition for injunction to restrain the defendants from constructing and opening a proposed outlet for the' sewerage system of the city of Empória. A demurrer thereto,, on the ground that it failed to state a cause of action, having been sustained, the plaintiff brings proceedings in error. The petition alleged ownership by the plaintiff of about forty-seven acres of land lying .mainly on the north side of the Cottonwood river and about sixty rods-south of the city, the low-water mark of the river forming the southern boundary of most…

1Opinion of the Court

The opinion of the court was delivered by

Milton, J.:

The plaintiff in error contends that since his petition set forth a good cause of action for the relief sought, the court erred in sustaining a demurrer thereto. Assuming the correctness of this claim, if this were an ordinary injunction action, we come at once to the most important question which arises in this case : Do the allegations, of the petition *587entitle the plaintiff to an order perpetually enjoining the city officers from constructing a sewerage system according to the plan which they have deliberately adopted? To answer this…

2Cases cited10 opinions

  1. Seifert v. . City of BrooklynNew York Court of Appeals · 1886
  2. City of North Vernon v. VoeglerIndiana Supreme Court · 1885
  3. Gould v. City of TopekaSupreme Court of Kansas · 1884
  4. City of Detroit v. HosmerMichigan Supreme Court · 1890
  5. Hines v. . the City of LockportNew York Court of Appeals · 1872

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3Cited by1 opinion

  1. Nikki Dee Maus, Debtor-Appellee v. Jesse R. MausCourt of Appeals for the Tenth Circuit · 1988

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